State v. Pennington
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The Supreme Court affirmed in part the order of the district court revoking Defendant's deferred sentence and imposing a ten-year suspended sentence without any reduction for elapsed time and remanded for the limited purpose of Manding the sentence to reflect 335 days of credit for elapsed time served prior to the revocation, holding that Defendant was entitled to credit for elapsed time.
Specifically, the Supreme Court held (1) the district court had full authority to reimpose Defendant's original sentence of ten years for her felony theft conviction pursuant to Mont. Coder Ann. 46-18-203(7)(a)(iv); and (2) because section 46-18-203(7)(b) imposes a legal mandate on the district court properly to credit Defendant for elapsed time and to specifically explain any denial of credit for elapsed time the district court's sentence was improper to the extent it did not factor in credit Defendant was entitled to for elapsed time.
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